The Debts Recovery Tribunal allowed an original application by Bank of India to issue a recovery certificate for approximately Rs. 23.72 lakhs. Being the case ex-parte and unrebutted, evidence was deemed sufficient, and the claim was allowed with reduced interest.
Recovery Certificate issued for Rs. 23,72,842.63 with 9% simple interest from filing till realization.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU
Dated this 31st Day of December, 2025
Present: Sri. T. RAJESH
Presiding Officer
OA. No.1452/2023
BETWEEN:
Bank of India Bidadi Branch, Veeregowda Complex, 1st floor, next to primary health center, Banglaore-Mysore road, Bidadi, Ramanagar District-562109, Rep. by its Chief Manager [Law] and CA Sri. Arunkesh.S … APPLICANT
AND:
Counsel on record/appeared for: Applicant : Sri. M Kumar Defendants : Exparte
OA. No.1452/2023
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:FINAL ORDER:
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for the amount due in the account.
Both these issues are gone into and decided together.
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admissible and are sufficient to prove availment of credit facility as stated in the OA, as to the execution of loan documents as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.
i) The applicant is allowed to recovery an aggregate sum of Rs.23,72,842.63 (Rupees Twenty Three Lakh Seventy Two Thousand Eight Hundred Forty Two and Sixty Three Paisa only) with further interest of 9.00% p.a.(simple) from the date of filing OA till the realization from defendants, after giving credit to all the amount recovered and received during the pendency of the OA and
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allowed the same to be recovered by proceeding against the defendants jointly, severally and personally and their other assets, including the schedule are liable for all such amounts due under the loan account. The schedule to the OA be the schedule to the Recovery Certificate.
ii) If the sale proceeds are not found sufficient to cover the amount due and payable to the applicant bank, the defendants jointly, severally and personally and their other assets are liable for all such amounts due under the loan accounts.
iii) The applicant bank is allowed cost of the proceeding which applicant to file cost memo within 7 days from the date of receipt of the order.
iv) The Recovery Certificate to be drawn in terms of this order and transferred to Recovery for execution.
v) Interim Application pending, if any, stands disposed of with this Final Order.
[Dictated to the Stenographer (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 31st Day of December 2025].
Sd/(T. RAJESH) PRESIDING OFFICER
OA. No.1452/2023
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Smt. Nevedeta B, Branch Manager of the applicant bank.
Exhibits on the part of the Applicant:
| Annexure | Particulars |
|---|---|
| A1 | Loan Application Dated 02.05.2019 |
| A2 | copy of the sanction letter dated 03.10.2019 |
| A3 | On Demand Promissory Note [L-434] Dated 03.10.2019 [TL] |
| A4 | Bearer letter [L-435] dated 03.10.2019 |
| A5 | Letter of Installment [L-440] dated 03.10.2019 |
| A6 | Hypothecation cum loan agreement [IFD-010] dated 03.10.2019 |
| A7 | Draft declaration to be obtained from the borrower [L-515] dated 03.10.2019 |
| A8 | Composite loan agreement [L-516] dated 03.10.2019 |
| A9 | Stamped letter of Undertaking dated 03.10.2019 |
| A10 | Letter of Authority dated 03.10.2019 |
| A11 | MCLR agreement dated 03.10.2019 |
| A12 | Copy of sanction letter dated 03.10.2019 [CC] |
| A13 | On Demand Promissory Note [L-434] dated 03.10.2019 |
| A14 | Bearer letter [L-435] dated 03.10.2019 |
| A15 | Hypothecation cum loan agreement [IFD-010] dated 03.10.2019 |
| A16 | Draft Declaration to be obtained from the borrower [L-515] dated 03.10.2019 |
| A17 | Composite loan agreement [L-516] dated 03.10.2019 |
| A18 | Letter of Authority dated 03.10.2019 |
| A19 | MCLR Agreement dated 03.10.2019 |
OA. No.1452/2023
| A20 | Loan application dated 26.03.2020 |
|---|---|
| A21 | Sanction letter dated 30.06.2020 |
| A22 | On demand promissory note [L-434] dated 30.06.2020 |
| A23 | Supplemental loan cum hypothecation agreement dated 30.06.2020 |
| A24 | Acknowledgment of Debt/Securities [L-444C] dated 30.06.2020 |
| A25 | Acknowledgment of Debt/Securities [L-444C] dated 14.07.2022 |
| A26 | Legal notice dated 15.10.2022, postal receipts |
| A27 | Statement of accounts [TL] with certificate |
| A28 | Statement of accounts [CC] with certificate |
| A29 | Statement of accounts [GECL] with certificate |
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim against the respondents?
What order are to be passed in the OA?
3 provisions across 2 enactments
Bank of India Bidadi Branch
M/s. S L V Creations
Smt. Manjula D P
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
